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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117437
Experience:  Attorney experienced in commercial litigation.
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What rights does the patient have in asking copy of

Customer Question

What rights does the patient have in asking for a copy of all notes of a doctor /psychologist (as opposed to a brief report or one page letter from doctor proving their summary assessment)?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under HIPAA you have a right to a copy of all of your medical records. You have the right to make a written request to the doctor for all of your patient records. If the doctor refuses, then your have a right to file a complaint to the US Department of Health and Hospitals, which is the sole agency tasked with investigating and enforcing HIPAA and they will intervene and assist you in getting your entire medical record.
Customer: replied 2 years ago.
A follow on question: what rights does the patient have in asking the doctor /psychologist to not take any notes in order to ensure confidentiality ?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Unfortunately, the doctor's job is to document each visit, so asking them not to take notes would be asking them to violate their duty of care. Them not taking notes is something that could cause them to lose their license.